Adding wife to property deeds mid-tenancy

mhuk01

Hi,

I currently live with my wife at a property which is mortgage-free, and in my name only. We are currently buying a second property to move into, and rent out the first, taking advantage of a LISA as my wife is classed as a first time buyer for this.

Once we've completed on the new house, we want to move into it and rent out the first ASAP. However I would also like to list the first property in both our names (I understand this process is relatively simple, filling in forms with the land registry). Is there any issue doing this after tenants have moved in and signed the AST?

Thanks for your help!

mhuk01

Just bumping this thread in the hope someone can offer some advice!..

davidmcn

Nothing difficult about changes of ownership during the tenancy. Just tell the tenant who their new landlord(s) are.

G_M

The Landlord & Tenant Act 1985 S3 says

3 Duty to inform tenant of assignment of landlord’s interest.

(1)If the interest of the landlord under a tenancy of premises which consist of or include a dwelling is assigned, the new landlord shall give notice in writing of the assignment, and of his name and address, to the tenant not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months.

(2)If trustees consititute the new landlord, a collective description of the trustes as the trustees of the trust in question may be given as the name of the landlord, and where such a collective description is given—

(a)the address of the new landlord may be given as the address from which the affairs of the trust are conducted, and

(b)a change in the persons who are for the time being the trustees of the trust shall not be treated as an assignment of the interest of the landlord.

(3)A person who is the new landlord under a tenancy falling within subsection (1) and who fails, without reasonable excuse to give the notice required by that subsection, commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

[F1(3A)The person who was the landlord under the tenancy immediately before the assignment (“the old landlord”) shall be liable to the tenant in respect of any breach of any covenant, condition or agreement under the tenancy occurring before the end of the relevant period in like manner as if the interest assigned were still vested in him; and where the new landlord is also liable to the tenant in respect of any such breach occurring within that period, he and the old landlord shall be jointly and severally liable in respect of it.

mhuk01

Ok thank you. So my interpretation of this is that we can fill in the land registry forms to put the property into both of our names, provided we inform the tenants?

SmashedAvacado

mhuk01 wrote: »

Ok thank you. So my interpretation of this is that we can fill in the land registry forms to put the property into both of our names, provided we inform the tenants?

You can tell them when you have done it.
You probably should make sure you tell the insurers at the same time